Are Scotland’s Businesses Ready to Return to Work?

A LEADING employment lawyer is warning businesses that complying with COVID health and safety workplace guidance to allow employees to return to work is much more than a box-ticking exercise.

With employers looking to begin a return to work for staff over the next few weeks and months, it is imperative they comply with the latest health and safety guidance or risk potential claims against them.

Gilson Gray is warning employers that there is much more to health and safety regulations than handwashing and face masks.

The advice comes as the firm launches what is believed to be the first product of its type to help both employers and employees understand what is required to work safely out of lockdown

Graham Millar, Employment Law Partner at Gilson Gray, said: “The perception might just be that we all need to wash our hands, use hand sanitiser and maybe wear masks – but in reality, these rules will change the entire workplace.

“This isn’t just a box-ticking exercise, it’s up to employers to consider how their business operates and look at where there could be a transfer of infection.

“This involves looking at all the things that would have been overlooked before: if you have the same ten people in the office with only two toilets, using the same printer and kitchen, coffee machine – how are you going to deal with this? The masks and hand sanitisers are the easy part.”

Breaches could lead to fines or, at worst, claims for compensation if an employee contracts COVID-19 in the workplace and becomes seriously ill or dies.

Graham believes the best way for employers to ensure they have a good plan in place is to have a very clear understanding of the new rules and what they realistically mean for their employees – and to have those employees fully signed up to them.

Graham said: “The mindset the courts have taken over the past six or seven years is that it’s no longer good enough to just have a policy in place. The focus is now on how well your employees understand and appreciate your policies.”

To help businesses navigate this new health and safety minefield, Gilson Gray has created a new affordable online training programme, COVID-19 Workplace Protection Training.

Developed with UK training specialists Apex Training, the programme covers everything business owners need to know about COVID health and safety measures – based on Government advice, NHS advice, and WHO guidance. It will be updated as needed in line with government guidelines.

Graham added: “It’s something employers can roll out to all of those employees, including those on furlough, so they can understand and prepare for the measures employers will be putting in place when they return to work.

“It’s a tool any sector can use, and covers everything employers and employees need to know about COVID, social distancing, and staying safe in the workplace.

“The big win here is that both employers and employees can receive a certificate on completion of the training to show they have understood and are complying with all the correct guidance.

“It should be a vital safeguard for both employer and employee.”

The training course depends on the size of the company, ranging from £25 per person to £15 per person. For businesses with more than 100 staff, Gilson Gray can ensure this is adapted into existing online training, if appropriate.

The 80-minute course can be undertaken at an individual’s desk and ends with an online exam, after which they receive an email confirming their results and certification. There are also separate sections tailored to specific sectors.

Each employee will be given a separate link and the managers are given details on completion and whether or not the employee has passed the assessment.

Established in 2014, Gilson Gray has become one of Scotland’s most prominent legal and property firms, boasting one of the widest service ranges in the country.

Gilson Gray has grown to 150 staff across six offices in Edinburgh, Glasgow, Dundee and East Lothian, each of which offers Gilson Gray’s full range of property, legal and financial services.

Managing Partner Glen Gilson is regarded as one of the leading figures in Scottish law and has been recognised as Managing Partner of the Year twice in the past six years. 

For more information on Gilson Gray and its services, please visit: http://gilsongray.co.uk/

Free legal advice to businesses on COVID emergency loans

GILSON GRAY has announced it will provide free legal advice to Scottish businesses which have obtained offers of loans under the Government’s Coronavirus Business Interruption Loan Scheme (CBILS) programme.

Under the plan, Gilson Gray will provide free legal advice to a business on the loan agreement, first-ranking security and guarantee documents the bank requires for a CBILS loan.

All that the business will pay is third party and registration costs. Gilson Gray is offering this to the first 100 businesses to call its special COVID hotline on 0330 12 45 782.

Businesses eligible to take up Gilson Gray’s offer will also get a free one-hour “legal health check” with one of the firm’s partners to ensure they are ready for business during and after lockdown.

Managing partner, Glen Gilson (above), said: “We are delighted to be able to help the first 100 businesses calling our COVID hotline with free legal advice for their CBILS loans.

“We are proud to use our strength and specialist experience to help the Scottish business community through this crisis. Any business wishing to take us up on our offer should ring our COVID hotline on 0330 12 45 782.”

All of the teams at Gilson Gray are continuing to maintain the firm’s excellent, high quality service to clients, providing a full range of legal services throughout the pandemic.

Gilson Gray has grown to 150 staff across six offices in Edinburgh, Glasgow and East Lothian, each of which offers Gilson Gray’s full range of property, legal and financial services.

Established in 2014, Gilson Gray has become one of Scotland’s most prominent property and legal firms, boasting one of the widest service ranges in the country.

Managing Partner Glen Gilson is regarded as one of the leading figures in Scottish law and has been recognised as Managing Partner of the Year twice in the past six years. 

For more information on Gilson Gray and the full terms and conditions of this offer, please visit: http://gilsongray.co.uk/

 

Employment Q & A for Furloughed Staff

HELP IS being offered to employers and furloughed employees who are grappling with multiple questions when it comes to managing the new furlough process.

Gilson Gray has issued guidance on the main points from new Government advice for employers and furloughed employees, covering such issues as can employees take on an additional job, does salary include benefits, what happens to holiday leave?

Graham Millar, Employment Law Partner at Gilson Gray, said employers and their employees can now be better informed on key issues around calculating salaries, additional work, and holiday entitlements.

Graham said: “Furloughed employees are now expressly allowed to take on additional employment for different employers, but only if their old employment contract allows it. If your contract doesn’t mention additional work, your employer is able to change it to allow you to take on a second job.

“For employers calculating a salary, you can’t include non-monetary benefits, like the value of a company car, within the 80% payment rule. Whether you can include car allowances remains to be clarified by the Government.

“It’s good news for employees whose income relies on commission payments – your employer can add in “compulsory”, meaning contractual, commission from HMRC as well as your basic salary before calculating the 80% figure.”

More good news comes for employers of smaller businesses, as the Government has now said employees can be furloughed multiple times, as long as each furlough period is a minimum of three weeks. This allows employers or smaller businesses to rotate their available workforce.

Graham added: “There’s still no formal guidance on the issue of holiday leave and holiday pay for furloughed workers, which means the Working Time Regulations still apply as normal.

“Under those regulations, employers can tell employees when to take holidays if they give enough notice, and a lot of employers will want employees to use some of their accrued holidays during furlough so they can avoid weeks’ worth of holiday requests after the lockdown has ended.

“While the Government has extended how long you can carry holidays for, it makes sense for people to use holidays while on leave – but questions remain as to whether holiday pay affects ‘salary’ in terms of the Job Retention Scheme. We’re hoping this will be clarified soon.”

A full version of this guidance is available on: 

https://gilsongray.co.uk/insights/covid-19-governments-job-retention-scheme-what-about-holiday-leave-and-holiday-pay/

The Employment Team at Gilson Gray will continue to publish updates and information for employers and employees on its website News and Insights blog, https://gilsongray.co.uk/news-insights/

All of the teams at Gilson Gray are continuing to maintain the firm’s excellent, high quality service to clients, providing a full range of legal services throughout the pandemic. 

For more information on Gilson Gray and its services, please visit: http://gilsongray.co.uk/

How Statutory Sick Pay Works During Coronavirus Pandemic

LEADING legal firm Gilson Gray has issued helpful guidance for employers and employees looking for clarity on Statutory Sick Pay (SSP) as the COVID-19 pandemic begins to affect businesses of all sizes across the UK.

Graham Millar, Employment Law Partner at Gilson Gray, said while it is important to follow Government, Acas and NHS guidelines as the situation develops over the coming weeks, there are some clear steps that can be taken now to manage sickness-related issues.

Graham (above) said: “Employees can qualify for SSP when they are absent because of incapacity. If an employee is experiencing symptoms of the virus and decides to, or is advised to self-isolate, their absence will likely be regarded as an incapacity and they can avail of SSP.

“Recently, the regulations on SSP changed to include an employee who self-isolates in accordance with the Government guidelines. The Government also brought forward emergency legislation which makes SSP payable from the first day of absence.

“It’s good news for smaller companies as well – those with fewer than 250 employees will be reimbursed by the Government for any SSP paid for fourteen days for absences related to the virus.”

Further good news for employees and employers is that those who are advised to self-isolate can obtain a notification from the NHS through 111 which can be used as evidence of absence from work – removing some pressure from GP services.

If employers send staff home to self-isolate following Government guidance, employees will be entitled to SSP. This isn’t the case if employers are taking precautionary measures and insisting employees do not come to work – in this situation employees are entitled to normal pay.

Graham added: “If employees are concerned about coming to work due to COVID-19, allowing employees to work from home can easily resolve the issue. If this isn’t possible, employers will need to consider the current public health advice, including whether it might be discriminatory to refuse employees to work from home.

“It’s important to be mindful and consider employees’ concerns and fears during this turbulent time. As always, the normal rules on annual leave will apply and employees can take holidays during self-isolation or sickness absences, but they won’t be compelled by their bosses to do so.

“Anyone who is not on sick leave can take statutory annual leave, and employers can instruct employees to take statutory leave provided they have given employees the required level of notice – for example if you want someone to take five days’ holiday, you will need to give them ten days’ notice.”

A full version of this guidance is available on https://gilsongray.co.uk/insights/coronavirus-covid-19-qa-for-employers/

The Employment Team at Gilson Gray will continue to publish updates and information for employers and employees on its website News and Insights blog, https://gilsongray.co.uk/news-insights/

All of the teams at Gilson Gray are continuing to maintain the firm’s excellent, high quality service to clients, providing a full range of legal services throughout the pandemic.

 For more information on Gilson Gray and its services, please visit: http://gilsongray.co.uk/

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